Toledo, OH asked in Estate Planning, Probate and Tax Law for Michigan

Q: My father passed away at the end of May of this year. He was retired, so received Social Security and a small pension.

Will I need to file income tax on his SS and pension earnings or will this be taken care of in Probate? Thank you.

2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Crossville, TN

A: Most probate attorneys do not include tax compliance as part of the engagement, but some do. The bottom line is you should discuss this with your probate attorney so that you have clarity regarding who is going to take care of that.

Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: If he made enough money to need to file taxes in those first few months, OR if you anticipate there will be a refund of withheld taxes then the personal representative is responsible for filing whatever tax returns are necessary to finish his affairs.

If neither of those applies, then filing will be optional but it may still be a good idea to file a 'final tax return' just to keep the IRS/State treasury at bay.

Are YOU the Personal Representative? If you are it really makes a lot of sense to hire an attorney to guide you thorough the process. Don't think "I can't afford an attorney' as most of the time I find the mistakes people make because they don't have an attorney cost more than the representation would have cost. Find a local licensed attorney to help you@

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